SURESH GUPTA Vs. MCD

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for directions to respondents No.1 to 3 to ensure that the unauthorized construction being raised by respondents No.4 and 5 over plot No.A-616, Shastri Nagar, Delhi is demolished, with a further relief that respondents No.4 and 5 be allowed to raise any construction on the aforesaid plot only after obtaining a sanctioned building plan from respondent No.1/MCD.

(2.) NOTICE was issued on the present petition vide order dated 24.03.2011. On the very same day, counsel appearing for respondent No.1/MCD on advance copy stated that upon receiving the complaint from the petitioner, the property in question had been inspected and was booked for unauthorized construction. Respondent No.1/MCD was directed to file an affidavit to report the action taken in respect of the unauthorized construction. Respondent No.3/SHO of the area was also directed to ensure that no construction takes place on the property without a sanctioned building plan.

(3.) IN the status report filed by respondent No.1/MCD on 05.01.2012, it is averred that the subject premises was inspected and unauthorized construction in the shape of a hall on the ground floor and raising of wall and columns on the ground floor and first floor were noticed in property No.A-616, Shastri Nagar, Delhi. The said unauthorized construction was booked on 21.03.2011 and after following due process of law, demolition orders were passed. Thereafter, demolition action was taken and the building was made inhabitable.